O'Donnell & Anor v The Bank of Ireland

Mr Paul Burton (instructed by Piper Smith Watton LLP) for the Petitioners Mr Gabriel Moss QC and Miss Hannah Thornley (instructed by Berwin Leighton Paisner LLP) for the Respondent Hearing dates: 27-30 November and 3, 4 & 6 December 2012 ____________________

It seems to me that activities of a debtor as a trustee of a trust in which he has no beneficial interest must similarly be unimportant as such.

vi) During his oral evidence, Mr O'Donnell said that he thought that the Bank had been aware of the trusts he alleges. That cannot be true. Mr O'Donnell has himself given evidence to the contrary. In a witness statement of 6 March 2012, Mr O'Donnell said of the share in Hibernia which is allegedly held on trust:

vii) Mr O'Donnell said in cross-examination that he had "no idea" whether IVAs exist under Irish law. That seems most unlikely to me;

viii) Mr O'Donnell claimed in cross-examination that all his and his wife's creditors (and not merely the Bank and Allied Irish Bank) had been informed by letter of their move to the United Kingdom. For example, he said: